Audrey Trujillo Urges County Commissioners to Violate State Election Code

This Facebook post on June 12, 2022, urged the county commissioners of New Mexico's 33 counties to violate state election law. 

 

The New Mexico Municipalities League provides a PDF copy of the New Mexico Statutes Chapter 1. Election Code" on their website. The latest version posted was in 2019.

Section 1.13.13: Post Election Duties: County Canvassing Board Certifying Results: 
A. The county canvassing board shall meet to approve the report of the canvass of the returns and declare the results no sooner than six days and no later than ten days from the election date. A county canvassing board in a county with more than one hundred fifty thousand voters shall meet to approve the report of the canvass of the returns and declare the results no sooner than six days and no later than thirteen days from the date of the election."

B. The county canvassing board, immediately upon approval of the report of the canvass of the returns of an election, shall issue a certificate of canvass of the results of the election and send one copy of the certified results to: 

(1) the county clerk; 

(2) each local governing body with a candidate or ballot question receiving votes from any precinct in the county; 

(3) the secretary of state; 

(4) the state records center;

(5) the state canvassing board, in the case of a statewide election or a special state election and the results are for candidates or ballot questions voted on by the voters of more than one county; and 

(6) in the case of a municipality whose laws provide for a top-two runoff, the municipality and the county clerk, if the results indicate the need for a top-two runoff election. 

C. On the thirty-first day after any primary or general election, the secretary of state shall issue to those candidates entitled by law election certificates, or certificate of nomination in the case of the primary election, to all county officers, magistrates and to members of the legislature elected from districts wholly within the county. In addition, the county canvassing board, immediately after completion of the canvass, shall declare the results of the election and of all ballot questions affecting only precincts within the county. 

(History: 1953 Comp., § 3-13-14, enacted by Laws 1969, ch. 240, § 316; 1979, ch. 378, § 15; 2015, ch. 145, § 69; 2019, ch. 212, § 123.)

 

Audrey's "request" was made 5 days after the 2022 New Mexico Primary election day. She asks counties to perform a hand re-count and a full forensic audit. None of this can be done in the time constraints in the New Mexico Statutes states.

By asking county commissioners to violate New Mexico Election Statutes, she is exposing them to felony prosecution and being forcibly removed from office. 

Section 1-20-22-22: Violation of Election Code:
If the Election Code does not impose a specific penalty for the violation of a provision prohibiting a specific act, whoever knowingly commits such violation is guilty of a petty misdemeanor." 

(History: 1953 Comp., § 3-20-20, enacted by Laws 1969, ch. 240, § 446.) 

Section 1-20-23: Violation of Code by Officers:
Violation of the Election Code by officers consists of the wilful [willful] violation of the Election Code by any state or county officer or by any deputy or assistant thereto, or the wilful [willful] failure or refusal of any such person to perform any act or duty required of him by the Election Code. 

Any officer, deputy or assistant who commits such wilful [willful] violation of the Election Code is guilty of a fourth degree felony and, in addition, violation is sufficient cause for removal from office in a proceeding instituted for that purpose as provided by law. 
(History: 1953 Comp., § 3-20-21, enacted by Laws 1969, ch. 240, § 447.) 

Given Audrey's request and New Mexico State Statute, Ms. Trujillo appears to be a Republican Secretary of State candidate attempting to conspire to interfere and overturn the 2022 Primary election results. 

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